Berkeley Homeless Union, et al. v. City of Berkeley, et al.
| BERKELEY HOMELESS UNION, ADRIEN BOUCHARD, FRANK MOORE and NICHOLAS JOHNSON |
| CITY OF BERKELEY, THOMAS GREGORY, PAUL BUDDENHAGEN, PETER RADU, OKEYA VANCE-DOZIER and RASHI KESERWANI |
| DISABILITY RIGHTS ADVOCATES and HARRISON STREET RESIDENTS |
| 25-7341 |
| November 21, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 34 MOTION for Judicial Notice filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 05/19/2026 05:44 PM] |
| Filing 33 EXCERPTS OF RECORD submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 05/19/2026 05:41 PM] |
| Filing 32 REPLY BRIEF submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 05/19/2026 05:34 PM] |
| Filing 31 ADDED Amicus Curiae - Pending Harrison Street Residents, with counsel Ilan Wurman. [Entered: 05/04/2026 11:23 AM] |
| Filing 30 AMICUS BRIEF and MOTION for leave to file and to file late filed by Chaim LLC, Kathy Dennison, Far West Brewing LLC, KJD Investments, Emily Winston. [Entered: 05/01/2026 01:40 PM] |
| Filing 29 CLERK ACTION: The court sua sponte grants Appellee Berkeley Homeless Union a 1-day extension of time to file the Answering Brief, which was not timely submitted. Answering Brief and Excerpts of Record submitted at DE 26, DE 27 by Appellee Berkeley Homeless Union are filed. No paper copies are required. The existing briefing schedule remains in effect. [Entered: 04/30/2026 12:32 PM] |
| Filing 28 MAIL RETURNED. DE 25 addressed to Appellee Frank Moore. Action taken: none (no forwarding address found). [Entered: 04/28/2026 04:23 PM] |
| Filing 27 EXCERPTS OF RECORD submitted for filing by Appellee Berkeley Homeless Union. [Entered: 04/28/2026 12:17 AM] |
| Filing 26 ANSWERING BRIEF submitted for filing by Appellee Berkeley Homeless Union.--[COURT UPDATE: Corrected PDF attached as of 4/30/2026, REPLACING original attachment] [Entered: 04/28/2026 12:04 AM] [Edited: 04/30/2026 12:28 PM] |
Filing 25
ORDER FILED. The motion (Docket Entry No. 21) for an extension of time to file the answering brief is granted. The answering brief is due April 27, 2026. The optional reply brief is due 21 days after the answering brief is served. Prospective amicuss motion (Docket Entry No. 23) for an extension of time to April 15, 2026, to file a motion and brief is denied as unnecessary. [Entered: 04/02/2026 03:04 PM]
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| Filing 24 ADDED Amicus Curiae - Pending Disability Rights Advocates, with counsel Thomas Philip Zito. [Entered: 03/20/2026 03:39 PM] |
| Filing 23 MOTION to Extend Time to File Amicus Brief filed by Disability Rights Advocates. [Entered: 03/20/2026 12:13 PM] |
| Filing 22 RESPONSE to Motion to Extend Time to File Brief (DE 21) filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 03/20/2026 08:42 AM] |
| Filing 21 MOTION to Extend Time to File Brief filed by Appellee Berkeley Homeless Union. [Entered: 03/18/2026 08:32 PM] |
| Filing 20 CLERK ACTION: Opening Brief submitted at DE 18 and Excerpts of Record at DE 19 by Appellants are filed. No paper copies are required. [Entered: 02/26/2026 12:46 PM] |
| Filing 19 EXCERPTS OF RECORD submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 02/25/2026 03:33 PM] |
| Filing 18 OPENING BRIEF submitted for filing by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 02/25/2026 01:50 PM] |
| Filing 17 ADDED Counsel for Appellant Stephen Andrew Hylas [Entered: 02/19/2026 04:45 PM] |
| Filing 16 NOTICE OF APPEARANCE by Stephen Andrew Hylas for Appellant City of Berkeley, Appellant Okeya Vance-Dozier, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Rashi Keserwani, Appellant Thomas Gregory. [Entered: 02/19/2026 04:20 PM] |
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Filing 15
ORDER FILED. In light of appellants response to the December 3, 2025 order, this case will proceed, but the parties must address the courts jurisdiction over this appeal in their briefs, along with any other issues the parties wish to raise. See 28 U.S.C. 1292(a)(1); Public Serv. Co. of Colorado v. Batt, 67 F.3d 234, 236-37 (9th Cir. 1995) (a district court order is not an order continuing or modifying an injunction under 1292(a)(1) unless the injunction would otherwise have dissolved by its own terms or the order substantially alters the legal relations between the parties). The motion (Docket Entry No. 7) to reset the briefing schedule is granted in part. The opening brief is due February 25, 2026. The answering brief is due March 25, 2026. The optional reply brief is due 21 days after the answering brief is served. See 9th Cir. R. 3-3(b). [Entered: 01/27/2026 02:40 PM]
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| Filing 14 REPLY to Response to Court Order (DE 11) filed by Appellee Berkeley Homeless Union. [Court Update to Attach Corrected PDF and missing Reply PDF] [Entered: 12/30/2025 12:32 PM] [Edited: 01/02/2026 02:20 PM] |
| Filing 13 DEFECTIVE---ANSWERING BRIEF submitted for filing by Appellee Berkeley Homeless Union. [Wrong filing type, corrected PDFs filed at DE 14] [Entered: 12/30/2025 12:39 AM] [Edited: 01/02/2026 02:23 PM] |
| Filing 12 RELEASED FROM MEDIATION. This case is released from the Mediation Program. [Entered: 12/23/2025 02:25 PM] |
| Filing 11 RESPONSE to Order - Order to Show Cause (OSC) (DE 6) filed by Appellant City of Berkeley, Appellant Thomas Gregory, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Okeya Vance-Dozier, Appellant Rashi Keserwani. [Entered: 12/19/2025 06:13 PM] |
| Filing 10 ADDED Counsel for Appellant Laura Iris Mattes [Entered: 12/15/2025 04:12 PM] |
| Filing 9 NOTICE OF APPEARANCE by Laura Iris Mattes for Appellant City of Berkeley, Appellant Okeya Vance-Dozier, Appellant Paul Buddenhagen, Appellant Peter Radu, Appellant Rashi Keserwani, Appellant Thomas Gregory. [Entered: 12/15/2025 03:45 PM] |
| Filing 8 MEDIATION ORDER: By December 17, 2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 12/09/2025 04:56 PM] |
| Filing 7 MOTION to Reset Briefing Schedule filed by Appellant City of Berkeley. [Entered: 12/05/2025 07:57 PM] |
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Filing 6
ORDER FILED. A district court order is not appealable under 28 U.S.C. 1291 unless it disposes of all claims as to all parties or unless judgment is entered in compliance with Federal Rule of Civil Procedure 54(b). Romoland Sch. Dist. v. Inland Empire Energy Ctr., LLC, 548 F.3d 738, 747 (9th Cir. 2008) (citing Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir. 1981)); see also 28 U.S.C. 1291; Fed. R. Civ. P. 54(b). A district court order is not an order continuing or modifying an injunction under 28 U.S.C. 1292(a)(1) unless the injunction would otherwise have dissolved by its own terms or the order substantially alters the legal relations between the parties. See Public Serv. Co. of Colorado v. Batt, 67 F.3d 234, 236-37 (9th Cir. 1995). This court may therefore lack jurisdiction over this appeal. Within 21 days, appellants must either file a motion to voluntarily dismiss this appeal or file a statement explaining why it should not be dismissed. If appellants do not do so, the court will dismiss the appeal. See 9th Cir. R. 42-1. If appellants file a statement, appellees may file a response within 10 days. Briefing is stayed. [Entered: 12/03/2025 02:37 PM]
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| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant City of Berkeley. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 12/02/2025 04:40 PM] |
| Filing 4 MEDIATION ORDER (text only): Mediation Questionnaire due (Appellant) 12/8/2025. The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Appellant shall file a Mediation Questionnaire (#form07.pdf (uscourts.gov)) or dismiss the appeal voluntarily. Information about the mediation program may be found on the court's website: #www.ca9.uscourts.gov/mediation. [Entered: 12/02/2025 10:30 AM] |
| Filing 3 District Court Order/Notice Received. [ Notice of Appeal FEE PAID (Filing fee$605,receipt number ACANDC-21379395). ] [Entered: 11/26/2025 10:58 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Transcript Due (Appellant) 1/5/2026, Appeal Transcript Order Due (Appellant) 12/4/2025, Mediation Questionnaire due (Appellant) 11/26/2025, Appeal Opening Brief Due (Appellant) 2/12/2026, Appeal Answering Brief Due (Appellee) 3/16/2026. For appeal no. 25-7341, 3:25-cv-01414-EMC. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 11/21/2025 11:31 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-01414-EMC has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-7341 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 11/21/2025 11:26 AM] |
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